Commission Regulation (EU) No 715/2013Show full title

Article 1 U.K. Subject matter

This Regulation establishes criteria determining when copper scrap ceases to be waste.

Article 2 U.K. Definitions

[F1 1.] For the purposes of this Regulation, the definitions set out in Directive 2008/98/EC shall apply.

In addition, the following definitions shall apply:

(1)

‘copper scrap’ means scrap metal which consists mainly of copper and copper alloys;

(1A)

[F2 “appropriate authority” means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(1B)

“competent authority” means—

(i)

in relation to England, the Environment Agency;

(ii)

in relation to Wales, the Natural Resources Body for Wales;

(iii)

in relation to Scotland, the Scottish Environment Protection Agency;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(1C)

“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

(1D)

“local authority” means—

(i)

in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

(ii)

in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

(iii)

in Wales—

• — a county council, or

• — a county borough council;

(iv)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.]

(2)

‘holder’ means the natural or legal person who is in possession of copper scrap;

(3)

‘producer’ means the holder who transfers copper scrap to another holder for the first time as copper scrap which has ceased to be waste;

(4)

‘importer’ means any natural or legal person established within the [F3 United Kingdom] who introduces copper scrap which has ceased to be waste into the [F4 United Kingdom];

(5)

‘qualified staff’ means staff which is qualified by experience or training to monitor and assess the properties of copper scrap;

(6)

‘visual inspection’ means inspection of copper scrap covering all parts of a consignment and using human senses or any non-specialised equipment;

(7)

‘consignment’ means a batch of copper scrap which is intended for delivery from a producer to another holder and may be contained in either one or several transport units, such as containers.

Textual Amendments

F1 Art. 2 renumbered as Art. 2(1) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 2(1)(1A)-(1D) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(1)(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(1)(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(2)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

[F5 Article 2A U.K. Modification of Directive 2008/98/EC of the European Parliament and of the Council

1. For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with this Article.

2. A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the competent authority, appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

3. Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “ [F6 assimilated] law ”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii) in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

(iv) for point (d), as it extends to Scotland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010.”;

(v) for point (d), as it extends to Northern Ireland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c) paragraph 4 were omitted.

4. Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

5. Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

6. Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or [F7 assimilated direct] legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The competent authority”;

(bb) “by competent authorities” were omitted.

7. Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

“A1.

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).”;

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

8. Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Textual Amendments

F5 Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2A(3)(a)(i) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 101(2)

F7 Words in Art. 2A(6)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 101(3)

Article 2B U.K. Meaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

1. In Article 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

2. Article 2 is to be read as if—

(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

(b) paragraphs 3 and 4 were omitted.

3. Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

4. In Article 2A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs 5 and 6.

5. Article 3 is to be read as if—

(a) in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

(b) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(c) in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;

(d) in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

6. Annex 1 is to be read as if—

(a) in the words before point 1, the second paragraph were omitted;

(b) in point 5.3—

(i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(c) in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales ”;

(e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

7. For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a) the reference to “Member States” were a reference to the competent authority or appropriate authority;

(b) in the words after the final indent, “environmental objectives”—

(i) in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

8. In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

(a) in point (a) “‘waste’,” were omitted; and

(b) after point (a) there were inserted—

“(aa) “waste” means anything that—

(i) is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and

(ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”.

9. In paragraph 7(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.]

Textual Amendments

F5 Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Criteria for copper scrap

Copper scrap shall cease to be waste where, upon transfer from the producer to another holder, all of the following conditions are fulfilled:

(1)

the copper scrap resulting from the recovery operation complies with the criteria set out in Section 1 of Annex I;

(2)

the waste used as input for the recovery operation complies with the criteria set out in Section 2 of Annex I;

(3)

the waste used as input for the recovery operation has been treated in accordance with the criteria set out in Section 3 of Annex I;

(4)

the producer has satisfied the requirements set out in Articles 4 and 5.

Article 4 U.K. Statement of conformity

1. The producer or the importer shall issue, for each consignment of copper scrap, a statement of conformity conforming to the model set out in Annex II.

2. The producer or the importer shall transmit the statement of conformity to the next holder of the copper scrap consignment. The producer or the importer shall retain a copy of the statement of conformity for at least 1 year after its date of issue and shall make it available to competent authorities upon request.

3. The statement of conformity may be in electronic form.

Article 5 U.K. Management system

1. The producer shall implement a management system suitable to demonstrate compliance with the criteria referred to in Article 3.

2. The management system shall include a set of documented procedures concerning each of the following aspects:

(a) monitoring of the quality of copper scrap resulting from the recovery operation as set out in Section 1 of Annex I (including sampling and analysis);

(b) effectiveness of radiation monitoring as set out in Section 1.5 of Annex I;

(c) acceptance control of waste used as input for the recovery operation as set out in Section 2 of Annex I;

(d) monitoring of the treatment processes and techniques described in Section 3.3 of Annex I;

(e) feedback from customers concerning compliance with copper scrap quality;

(f) record keeping of the results of monitoring conducted under points (a) to (d);

(g) review and improvement of the management system;

(h) training of staff.

3. The management system shall also prescribe the specific monitoring requirements set out in Annex I for each criterion.

4. Where any of the treatments referred to in Section 3.3 of Annex I is carried out by a prior holder, the producer shall ensure that the supplier implements a management system which complies with the requirements of this Article.

5. A conformity assessment body, as defined in Regulation (EC) No 765/2008 of the European Parliament and of the Council(1), which has obtained accreditation in accordance with that Regulation, F8 ... shall verify that the management system complies with the requirements of this Article. The verification shall be carried out every 3 years.

Only verifiers with the following scope of accreditation or licence based on the [F9 UK Standard Industrial Classification (SIC) by Economic Activity, issued under section 9 of the Statistics and Registration Service Act 2007, as updated from time to time]:

(a) [F10 UKSICEA] Code 38 (Waste collection, treatment and disposal activities; material recovery); or

(b) [F11 UKSICEA] Code 24 (Manufacture of basic metals) especially including the sub-code 24.44 (Copper production).

6. The importer shall require his suppliers to implement a management system which complies with the requirements of paragraphs 1, 2 and 3 and has been verified by an independent external verifier.

The management system of the supplier shall be certified by a conformity assessment body which is accredited by one of the following:

(a) an accreditation body successfully peer evaluated for this activity by the body recognised in Article 14 of Regulation (EC) No 765/2008;

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Verifiers who want to operate in third countries must obtain a specific accreditation or licence, in accordance with the specifications laid down in Regulation (EC) No 765/2008 F13 ....

7. The producer shall give competent authorities access to the management system upon request.

Textual Amendments

F8 Words in Art. 5(5) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 5(5) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in Art. 5(5)(a) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Art. 5(5)(b) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 5(6)(b) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 5(6) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Article 6 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Art. 6 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(6); 2020 c. 1, Sch. 5 para. 1(1)

[F15 Article 6A U.K. EU exit: transitional provision

1. Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before IP completion day.

2. Paragraph 3 also applies where—

(a) before IP completion day, a producer or supplier has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before IP completion day, and

(b) after IP completion day, the producer or supplier obtains that verification.

3. Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.

4. In paragraph 2, “supplier” means the supplier of a producer or of an importer.]

Textual Amendments

F15 Art. 6A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(5) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F16 ...

Done at Brussels, 25 July 2013.

For the Commission

The President

José Manuel Barroso

Textual Amendments

F16 Words in Signature omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(7); 2020 c. 1, Sch. 5 para. 1(1)